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TMI Blog2020 (10) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... for the asstt. Year in dispute is bad in law and deserves to be quashed. Approval granted by the Ld. CIT-5, New Delhi is a mechanical and without application of mind, which is not valid for initiating the reassessment proceedings issue of notice u/s. 148 and is not in accordance with section 151 thus, the notice issued u/s.148 is invalid and accordingly the reopening in this case is bad in law and therefore, the same is hereby quashed. - Assessee appeal is allowed. - ITA NOS. 2165/DEL/2017 & 6693/DEL/2019 - - - Dated:- 5-10-2020 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER Assessee by : Mr. Suresh K. Gupta, CA Department by : Mr. Sunil, CIT(DR) ORDER PER H. S. SIDHU , JM Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prima facie evidence against the assessee viz. the receipt of bogus accommodation entries and the assessee has failed to discharge its onus to produce the legally evidence of creditworthiness of the subscribers and made the addition in dispute as unexplained investment of the assessee out of the undisclosed source of income being routed through such bogus accommodation entries and assessed in the hands of the assessee by completing the assessment u/s. 143/147 of the Act on 26.3.2014. Aggrieved with the same, assessee appealed before the Ld. CIT(A), who vide his impugned order dated 21.2.2017 has dismissed the appeal of the assessee and upheld the order of the AO. Now aggrieved with the impugned order, the assessee is in appeal before the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate records. 4. On the contrary, Ld. CIT(DR) relied upon the order passed by the Ld. CIT(A) and stated that reopening of the assessment by the AO is on the basis of specific information and as well as approval given by the Ld. CIT, V-, New Delhi and in accordance with law, after applying his mind. As regards the merits of the case is concerned, the Ld. DR stated that assessee has not discharged its onus required u/s. 68 of the Act, therefore, the addition made by the AO and confirmed by the Ld. CIT(A) need no interference and needs to be upheld and accordingly requested to uphold the same by dismissing the appeal of the assessee. 5. We have heard both the parties and perused the records, especially the legal ground argued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2728/Del/2018 relevant to assessment year 2008-09 wherein the following case laws were followed on similar facts and circumstances of the case. A) United Electrical Company (P) Ltd. Vs. CIT Ors. 258 ITR 317 (Del.) In this case, approval by the Addl. CIT u/s. 151 was given in the following terms:- Yes, I am satisfied that it is a fit case for issue of notice u/s. 148 of the Income Tax Act. Analyzing, the above satisfaction/approval, it has been held that the CIT is required to apply his mind to the proposal put up to him for approval in the light to eh material relied upon by the AO. The said power cannot be exercised casually and in a routine manner. We are constrained to observe that in the present case, there has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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